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← 580 FSUPP2D 80 - Kar v. Rumsfeld

Kar v. Rumsfeld’s Empirical Analysis

2008

Citation profile

3
cited by 3 later decisions
November 2012
most recently cited

2 federal appellate ·

Relationships

Applies 8 U.S.C. § 1226A (§ 236a of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Gerstein v. Pugh · Duncan v. Walker · SAUCIER v. KATZ Et Al. · United States v. Knights

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “As weak as the government’s authority is, Kar has provided none at all — no precedent that clearly establishes the right of a U.S. citizen to a prompt probable cause hearing when detained in a war zone. Any attempt to apply the two-day requirement from [County of Riverside v. McLaughlin, 500 U.S. 44 , 111 S.Ct. 1661 , 114 L.Ed.2d 49 (1991) ] or the seven-day requirement from the Patriot Act to Kar’s circumstances ignores the differences between detention on U.S. soil and detention in hostile territory.”
    1 later decision quote this exact passage · from the majority
    e.g. Vance v. Rumsfeld
  2. “The United States is entirely a creature of the Constitution. Its power and authority have no other source. It can only act in accordance with all the limitations imposed by the Constitution. When the Government reaches out to punish a citizen abroad, the shield which the Bill of Rights and other parts of the Constitution provide to protect his life and liberty should not be stripped away just because he happens to be in another land.”
    1 later decision quote this exact passage · from the majority
    e.g. Vance v. Rumsfeld

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.